United States Ninth Circuit

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Yazzie v. US Environmental Protection Agency, 14-73100

In petitions for review brought by tribal conservation organizations and nonprofit environmental organizations challenging the EPA's source-specific federal implementation plan (FIP) under the Clean Air Act for the Navajo Generating Station, a coal-fired power plant on the Navajo Nation Reservation in Arizona, the petitions are denied where: 1) the federal government's partial ownership of the station did not eliminate any deference to the EPA's interpretation of the Clean Air Act and its implementing regulations; 2) the FIP was not subject to the Clean Air Act's five-year deadline to implement best available retrofit technology (BART) because the FIP promulgated a 'better than BART' alternative -- not BART; and 3) it was reasonable for the EPA to give the Station an emission credit when evaluating if the BART alternative 'results in greater emission reductions,' 40 C.F.R. section 51.308(e)(3), than BART.

Appellate Information

  • Decided
  • Published 2017/03/20




  • United States Ninth Circuit